Proclaimed by General Assembly resolution 2856 (XXVI) of 20 December 1971
The General Assembly,
Mindful of the pledge of the States Members of the United Nations under
the Charter to take joint and separate action in co-operation with the
Organization to promote higher standards of living, full employment and
conditions of economic and social progress and development,
Reaffirming faith in human rights and fundamental freedoms and in the
principles of peace, of the dignity and worth of the human person and of
social justice proclaimed in the Charter,
Recalling the principles of the Universal Declaration of Human Rights,
the International Covenants on Human Rights, the Declaration of the
Rights of the Child and the standards already set for social progress in
the constitutions, conventions, recommendations and resolutions of the
International Labour Organisation, the United Nations Educational,
Scientific and Cultural Organization, the World Health Organization, the
United Nations Children's Fund and other organizations concerned,
Emphasizing that the Declaration on Social Progress and Development has
proclaimed the necessity of protecting the rights and assuring the
welfare and rehabilitation of the physically and mentally disadvantaged,
Bearing in mind the necessity of assisting mentally retarded persons to
develop their abilities in various fields of activities and of promoting
their integration as far as possible in normal life,
Aware that certain countries, at their present stage of development, can devote only limited efforts to this end,
Proclaims this Declaration on the Rights of Mentally Retarded Persons
and calls for national and international action to en sure that it will
be used as a common basis and frame of reference for the protection of
these rights:
1. The mentally retarded person has, to the maximum degree of feasibility, the same rights as other human beings.
2. The mentally retarded person has a right to proper medical care and
physical therapy and to such education, training, rehabilitation and
guidance as will enable him to develop his ability and maximum
potential.
3. The mentally retarded person has a right to economic security and to a
decent standard of living. He has a right to perform productive work or
to engage in any other meaningful occupation to the fullest possible
extent of his capabilities.
4. Whenever possible, the mentally retarded person should live with his own family or with foster parents and participate in different forms of community life. The family with which he lives should receive assistance. If care in an institution becomes necessary, it should be provided in surroundings and other circumstances as close as possible to those of normal life.
5. The mentally retarded person has a right to a qualified guardian when
this is required to protect his personal well-being and interests.
6. The mentally retarded person has a right to protection from
exploitation, abuse and degrading treatment. If prosecuted for any
offence, he shall have a right to due process of law with full
recognition being given to his degree of mental responsibility.
7. Whenever mentally retarded persons are unable, because of the
severity of their handicap, to exercise all their rights in a meaningful
way or it should become necessary to restrict or deny some or all of
these rights, the procedure used for that restriction or denial of
rights must contain proper legal safeguards against every form of abuse.
This procedure must be based on an evaluation of the social capability
of the mentally retarded person by qualified experts and must be subject
to periodic review and to the right of appeal to higher authorities.
